Price v. Maxwell

CAMERON, Justice.

Robert W. Price petitioned this court to review an adverse decision of the Court of Appeals, Price v. Maxwell, 140 Ariz. 314, 681 P.2d 466 (App.1983), which reversed a decision of the Superior Court in petitioner’s favor. We have jurisdiction pursuant to A.R.S. § 12-120.24 and Ariz. Const. Art. 6, § 5(3).

The issue we must decide on appeal is:

When a complaint is dismissed without prejudice on speedy trial grounds after the applicable statute of limitations has run, does A.R.S. § 13-107(F) permit the state to refile the complaint?

The facts in this case follow. The petitioner…